WOUNDING | CAUSING GRIEVOUS BODILY HARM (GBH
WOUNDING | CAUSING GRIEVOUS BODILY HARM (GBH
Wounding or causing grievous bodily harm with intent are strictly indictable offences which the ODPP prosecute in the NSW District Courts. The offences are under section 33(1) Crimes Act which states:
A person who:
- wounds any person, or
- causes grievous bodily harm to any person,
with intent to cause grievous bodily harm to that or any other person is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
WHAT IS WOUNDING?
Wounding is causing an injury to a person that penetrates both layers of the skin.
WHAT IS GRIEVOUS BODILY HARM (GBH)
Grievous bodily harm includes any permanent or serious disfiguring of a person.
WHAT THE PROSECUTION NEED TO PROVE?
To secure a guilty verdict for wounding or causing grievous bodily harm (GBH) with intent, the prosecution must prove beyond a reasonable doubt:
- the defendant wounded or caused grievous bodily harm to a person, and
- at the time of the wounding or causing grievous bodily harm, the defendant had the specific intent to cause grievous bodily harm to the person.
RECKLESS GRIEVOUS BODILY HARM (GBH)
Section 35(2) Crimes Act states:
A person who:
- causes grievous bodily harm to any person, and
- is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years
RECKLESS WOUNDING
Section 35(4) Crimes Act states:
A person who:
- wounds any person, and
- is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
The element of recklessness is made out if at the time of the infliction of the injury (wounding or grievous bodily harm), the accused realised that they may possibly cause actual bodily harm to the other person by their actions, yet they went ahead and acted as they did.
Recklessness merely requires that the accused avert to the possibility of actual bodily harm but proceeds with their actions, nevertheless.
SELF DEFENCE
An accused acting in self-defence is not criminally responsible for the offence.
An accused carries out the conduct constituting the offence in self-defence if the accused believes that the conduct is necessary to:
- to defend himself or herself or another person, or
- to prevent or terminate the unlawful deprivation of their liberty or the liberty of another person, or
- to protect property from unlawful taking, destruction, damage, or interference, or
- to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, and
Such conduct of the accused is a reasonable response in the circumstances as the accused perceives them.
DURESS
The law recognises that in some cases, a person who commits what would otherwise be an offence should be excused for committing the offence. The law recognises that sometimes people do not have a choice, and their choices have been overborne by a serious threat to either them or their family.
To establish duress, the following three elements must be satisfied:
- because of threats of death or really serious injury to them or a member of their family,
- being threats of such a nature that a person:
- of ordinary firmness and strength of will, and
- of the same maturity and sex as the accused, and
- in the accused’s position,
- would have given in to them and committed the crime demanded of them.
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
